Kushank @ Vishal Naidu v. State

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1232/2020 KUSHANK @ VISHAL NAIDU ..... Applicant Through:

Mr. Hemant Gulati, Adv.

versus STATE ..... Respondent Through:

Mr. Panna Lal Sharma, APP for State.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 15.06.2020 The status report has been submitted on behalf of the State in terms of order dated 12.06.2020.

The applicant vide the present application seeks the grant of interim bail submitting to the effect that his wife is to be operated upon for removal of ovarian cyst. The verification report that has been submitted by the State vouches the correctness of the surgery required as reported to be fixed for today with Dr. K. Mehta, MBBS (Regd. No.22684) at G-196, Naraina Vihar, Delhi with the report of the doctor also being to the effect that the surgery is urgently required and the consent and presence of the husband is also required.

In fact placed on record along with the application at page 16 is the prescription as issued by the said doctor which indicates that two units of blood also are required to be arranged for the surgery. Though the bail application is vehemently opposed on behalf of the State submitting to the effect that the applicant is involved in the alleged

commission of offences punishable under Sections 302/307/34 of the Indian Penal Code, 1860 and Sections 25/27 of the Arms Act, 1959, the status report and the averments in the FIR on the record indicate that the minor child had been eliminated by the firing of one Sunil, the co-accused, though the applicant is stated to have been present at the spot. In the circumstances, without any observation on the merits or demerits of the trial that will take place, the interim bail application BAIL APPLN. 1232/2020 is allowed to the extent that the applicant to be released on interim bail is allowed to be released on interim bail for a period of 14 days on filing a bail bond of Rs.

50,000/- with one surety of the like amount to the satisfaction of the Superintendent Jail, Delhi with directions that he shall surrender on the 14th day of his release and shall not leave the city of Delhi, shall keep his mobile phone on and shall drop a pin on the google map to the Investigating Officer/ SHO, PS Inderpuri to ensure that he is available and is present at all times and shall make no contact with the complainant and the witnesses of the prosecution. The application is disposed of.

ANU MALHOTRA, J JUNE 15, 2020 vm